The U.S. Patent and Trademark Office on Wednesday released a final rule that will increase many patent-related fees on Jan. 19, recalibrating some proposed hikes that had drawn criticism from attorneys and industry groups while leaving others intact.
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Intellectual Property
THURSDAY, NOVEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

USPTO Unveils Patent Fee Hikes Set To Take Effect In January

By Ryan Davis

The U.S. Patent and Trademark Office on Wednesday released a final rule that will increase many patent-related fees on Jan. 19, recalibrating some proposed hikes that had drawn criticism from attorneys and industry groups while leaving others intact.

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Pa. Jury Finds Clothing Co. Infringed Penn State Trademarks

By Matthew Santoni

Online retailer Vintage Brand infringed Pennsylvania State University's trademarks by selling unlicensed merchandise with "historic" images associated with the university, a Keystone State federal jury has found.

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Keep Your Briefs Brief, LA Federal Judges Tell IP Lawyers

By Rachel Scharf

A group of Los Angeles federal judges urged local intellectual property lawyers during a courthouse panel Wednesday to keep their briefs succinct and not repeat the same points verbatim during oral arguments.

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Google Beats EcoFactor Patent Case Over Nest

By Andrew Karpan

Google has persuaded a California federal court to nip in the bud one of the newer patent lawsuits targeting its Nest smart home brand, winning a ruling that found an air conditioner capable of "calculating and comparing thermal efficiency" wasn't enough for a patent.

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RJ Reynolds Loses Early Exclusion Bid In ITC Vape IP Case

By Adam Lidgett

A U.S. International Trade Commission judge has refused for now to block imports of certain vape products during an investigation into R.J. Reynolds' allegations that a variety of companies were infringing an electronic smoking patent.

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Judge Keeps Emails Redacted In Apple Foe's FOIA Row

By Andrew Karpan

The patent office convinced a D.C. federal judge Wednesday to keep in place redacted portions of six emails detailing the agency's response to a Freedom of Information Act request from a longtime legal foe of Apple Inc. that is suing the agency to find out more about administrative decisions that wiped out a $533 million jury verdict.

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'Ambush' At Patent Trial Led To $22M Loss, ASUS Says

By Rae Ann Varona

Taiwanese computer company ASUSTeK and the California owner of patents it infringed lambasted each other in post-trial motions filed in Texas federal court, with ASUS seeking to vacate a $22 million verdict due to the patentee's "ambush" tactics, and the patentee wanting its award doubled for ASUS' "pirate-like behavior."

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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PATENTS

Citing Fintiv, PTAB Rejects Samsung's Challenge To Patent

By Adam Lidgett

The Patent Trial and Appeal Board has shot down Samsung's challenge to a Pictiva Displays patent covering technology used in features like smartphone flashlights, citing parallel district court litigation over the same patent.

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Microsoft Defeats Eye Contact Feature Patent At PTAB

By Adam Lidgett

The Patent Trial and Appeal Board has invalidated claims in a RealD Spark patent it alleged were infringed by Microsoft's eye-contact feature, the latest decision in a broader legal battle.

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Apple Tapped With Patent Suit Over IMessage 'Tapbacks'

By Andrew Karpan

A lawsuit filed Wednesday in the Southern District of New York accuses Apple of infringing two patents through some of the newer features of its iMessage app that allow people to react and respond to particular texts.

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COPYRIGHTS & TRADEMARKS

Ohio Mortgage Co. Gets Rival To Change Name In TM Fight

By Hayley Fowler

A Michigan mortgage company has agreed to change its name to end a trademark infringement lawsuit brought by a rival business in Ohio that claimed it was fielding complaints from confused customers over allegedly questionable telemarketing practices.

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Nike Accused Of 'Smear Campaign' Over $60M Trademark Suit

By Bonnie Eslinger

A Los Angeles-based company that made customized sneakers for celebrities and athletes hit back Tuesday at Nike's $60 million trademark suit, saying that despite the companies' previous collaborations, Nike is now making knowing false claims in a "smear campaign" to crush its business.

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Atty Seeks Ruling Letting Him Sell Unlicensed NFL Merchandise

By Elaine Briseño

A man representing himself pro se has argued in a New York federal complaint that he should be allowed to sell unlicensed National Football League merchandise that features team designs and logos, because his use is "functional" and allowed without a license.

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TRADE SECRETS

5 Charged For 'Scattered Spider' Phishing Hacks, Crypto Theft

By Rachel Scharf

California federal prosecutors unveiled a criminal case Wednesday accusing five alleged members of the "Scattered Spider" cybercrime group of using a phishing scheme to access the confidential data of media and technology companies and steal $11 million worth of cryptocurrency from digital wallets.

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RIGHTS OF PUBLICITY

Attys Slam Deceptive NIL Settlement Services In NCAA Case

By Elaine Briseño

Class counsel in the massive NCAA name, image and likeness lawsuit have asked a California federal court to intervene with third-party servicing companies that are using misleading information while offering claims-filing services to class members in order to profit from the proposed $2.78 billion settlement.

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PEOPLE

Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Atty From Telecom Biz Joins IP Firm Panitch Schwarze

By Rose Krebs

Panitch Schwarze Belisario & Nadel LLP has hired an attorney with extensive in-house experience in the tech industry to help enhance the intellectual property services it offers to its clients.

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EXPERT ANALYSIS

How AstraZeneca Ruling Could Change Dosage Patent Claims

If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

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LEGAL INDUSTRY

BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Anderson & Kreiger

ArentFox Schiff LLP

Arnall Golden

Baker & Hostetler

Caldwell Cassady

Covington & Burling

Cravath Swaine

DLA Piper

Dinsmore & Shohl

Erise IP

Foley & Lardner

Foster Murphy

Gilbert Employment Law

Girardi & Keese

Goodwin Procter

Gordon Rees Scully Mansukhani

Hagens Berman

Irell & Manella

Jenner & Block

Jones Day

Keker Van Nest & Peters

Kilpatrick Townsend

Latham & Watkins

Lundrigan Law Group

Maier & Maier

McDermott Will & Emery

McGuireWoods

Michelman & Robinson

Milbank LLP

Moore & Van Allen

Morgan Lewis

Morrison Foerster

NechelesLaw

Panitch Schwarze

Paul Hastings

Paul Weiss

Russ August & Kabat

Rutan & Tucker

Scheef & Stone

Spector Roseman

Stamoulis & Weinblatt

Sterne Kessler

Stokes Lawrence

Weil Gotshal

Wilkinson Stekloff

Winston & Strawn

COMPANIES IN TODAY'S NEWS

ASUSTeK Computer Inc.

Acer Inc.

American International Group Inc.

Apple Inc.

AstraZeneca PLC

Atlantic Coast Conference

Boston University

Chevron Corp.

Coinbase Global Inc.

CommScope Inc.

Consumer Attorneys of San Diego

Corporation for Public Broadcasting

Danner Inc.

Google LLC

Kiteworks USA LLC

LinkedIn Corp.

Microsoft Corp.

Motorola Mobility LLC

NFL Enterprises LLC

National Collegiate Athletic Association

New York University

Nike Inc.

PG&E Corp.

Pac-12 Enterprises LLC

Pfizer Inc.

Pharmaceutical Research & Manufacturers of America

Planned Parenthood Federation

Princeton University

R.J. Reynolds Tobacco Co. Inc.

Roivant Sciences Ltd.

Samsung Electronics Co. Ltd.

Tesla Inc.

The Catholic University of America

The Cigna Group

The Leadership Conference on Civil & Human Rights

United Therapeutics Corp.

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Judicial Center

Food and Drug Administration

Internal Revenue Service

International Trade Commission

Judicial Conference of the United States

Manhattan District Attorney's Office

National Labor Relations Board

New York County District Attorney's Office

New York Supreme Court, New York County

Patent Trial and Appeal Board

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Alaska

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Office Of Special Counsel

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington

United States District Court for the Southern District of Ohio